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2013 Supreme(P&H) 869

Hemant Gupta, Fateh Deep Singh
Jitender Kumar – Appellant
Versus
State of Punjab – Respondent


For the Petitioner:Mr. D.V. Sharma, Senior Advocate with Ms. Madhu Sandhu, Advocate.
For the Respondent No.1:Mr. Pavit Mattewal, Additional Advocate General, Punjab.
For the Respondent No.2:Mr. Vikas Chatrath, Advocate.
For the Respondent Nos.3 to 8 & 12:Mr. Rajeshwar Singh, Advocate.
For the Respondent No.11:Mr. Brij Mohan, Advocate for Mr. Sandeep Bansal, Advocate.
For the Respondent Nos.15,16 & 21:Mr. Ramanpreet Singh, Advocate for Mr. Gurminder Singh, Advocate.
For the Respondent Nos.16,18 & 19:Mr. Ajay Aggarwal, Advocate.
For the Respondent Nos.22 & 23:M/s S.S. Rangi & Mr. H.S. Tula, Advocates.
For the Respondent Nos.26 to 29:M/s Prateek Mahajan & Mr. B.R. Mahajan, Advocates.

JUDGMENT

Mr. Hemant Gupta, J.: - Challenge in the present writ petition is to the appointments of the private respondents as Additional District & Sessions Judges in the State of Punjab and to issue a writ of mandamus directing the High Court to hold interview afresh of the eligible candidates.

2. The High Court advertised 21 posts of Punjab Superior Judicial Service to be filled up by direct recruitment in the State of Punjab through competitive examination under Rule 7(3)(c) of the Superior Judicial Service Rules, 2007 (for short ‘the Rules’) vide notification dated 02.02.2008. Out of the said posts, 10 posts were meant for General Category, 6 posts for Scheduled Castes Category, 2 posts for Backward Class Category, 1 for Backward Class (Ex-Servicemen) category, 1 for Ex-Servicemen (General Category) and 1 for Physically Challenged Category of Locomotor or Orthopedic Disability.

3. In pursuance of such advertisement, the petitioner applied for one of the posts meant for General Category. A written examination was conducted, the result of which was declared on 29.05.2008. 31 candidates from the General Category were declared successful. On 02.07.2009 to 04.07.2009, interviews were































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